Published 12:51 pm, Friday, June 3, 2011

The city has opted to settle a wrongful death lawsuit with the family of a man killed by police during a 2008 standoff, rather than continue litigation.

The family of Paul Holland accepted a pay out of $45,000 in return for dismissing the lawsuit, clearing all officers involved with the fatal shooting.

The surviving wife and daughter of Holland sued the city because of what they claim are inadequate training for law enforcement, excessive use of force, failing to accommodate people suffering mental health issues and for failing to equip the SWAT unit with less-than-lethal alternatives, according to the complaint on file with the clerk of courts office.

The attorney representing the family alleged Holland was complying with officers’ orders and was unarmed during the Oct. 27, 2008, shooting. But police maintain the man was armed, had a history of noncompliance with officers and was not following police commands during the standoff.

The 2008 incident happened near the intersection of Ainslee Street and Princeton Avenue when officers arrived at the house for a “check welfare” call. A caller reported to police that Holland was with his wife, Loretta Holland, and that he was threatening to kill himself.

A lengthy standoff ensued between police and Holland. He eventually complied with officers commands to go outside but began to disregard orders again, leading up to the point where three SWAT team members opened fire, striking him seven times, according to court documents.

Loretta Holland and her attorneys maintain that Holland was unarmed and was carrying a cell phone and a land-line phone in each hand. However, former MPD spokesperson Tina Jauz told the Reporter-Telegram at the time of the incident that officers shouted a verbal command at Holland to drop his weapon. Holland instead turned toward police with a pistol, she said, and the SWAT unit opened fire because officers “felt threatened.”

All of the officers involved were cleared by the Midland police shoot team, the Midland County District Attorney's Office and the Texas Rangers.

By accepting the offer the family’s estate has agreed to drop all allegations and any other claims made against the city or the police force. The city also stated in the agreement that the settlement is not an admission of guilt or any wrong doing, stating that the defendants entered into the agreement “only to avoid additional costs of litigation and further distress over the claims asserted against them.”